Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 1242

New South Wales Supreme Court

CITATION : Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 1242

HEARING DATE(S) : 12 September 2006

JUDGMENT DATE : 22 November 2006

JUDGMENT OF : Simpson J

DECISION : Costs to be assessed on an indemnity basis from 24 April 2004; plaintiff to pay the costs of the third defendant; interest payable on costs; apportionment of award of damages between plaintiff and three adult children

CATCHWORDS : claim under Compensation to Relatives Act 1897 - plaintiff successful against three out of four defendants - award of costs - whether costs of plaintiff assessed on an indemnity basis - plaintiff offer of compromise - offer not accepted by defendants - judgment on claim no less favourable than offer - plaintiff entitled to indemnity costs unless alternative order made - no exceptional circumstances - third defendant entitled to award of costs - application for Bullock order dismissed - interest on costs - costs already paid - plaintiff entitled to interest on costs - apportionment of award of damages under Compensation to Relatives Act 1897

Civil Procedure Act 2005 Schedule 6 Cl 2, s101 Compensation to Relatives Act 1897 LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules 1970 Part 33, r8A Uniform Civil Procedure Rules 2005 20.26, 42.14

Bullock v London General Omnibus Company [1907] 1 KB 264 Gould v Vaggelas [1985] HCA 75; 157 CLR 215 Hillier v Sheather (1995) 36 NSWLR 414 CASES CITED : Houatchanthara v Bednrczyk (unreported, Court of Appeal, 14 October 1996) Marsland v Andjelic [No 2] (1993) 32 NSWLR 649 Morgan v Johnson (1998) 44 NSWLR 578 Rogers v Kabriel (No 2) [1999] NSWSC 474 Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 75